Wednesday, April 8, 2009

Voting Rights Court Hearing Decision To Be Issued Soon

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A tribal court hearing on the voting rights case of Kenneth Davison v. The Mohegan Tribe Election Committee was held on Monday and a decision is expected soon as to whether the case will go to trial.

In that hearing, the Defendants (the election committee and the Tribe) argued their motion for a summary judgment and the Plaintiff, Ken Davison, argued his objection to that motion. A summary judgment is basically a motion in which a party submits evidence and a legal analysis as to why that party should win the case.

Davison, arguing the case without an attorney, needed to raise enough issues in the hearing that would cast doubt on the Defendants' legal analysis in order for the judge to decide whether a trial is needed.

In the case Davison asserts, among other things, that requiring Tribal members to vote for all seats up for election is a violation of Tribal members' free speech rights and also violates the Constitution's voting clause which states that voters "shall be entitled to cast one vote for each elective position available."

The Defendants assert, in part, that requiring members to vote for all elective positions would prevent "unrestrained factionalism."